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Faq On The Assam Public Procurement Act and Rules Final

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Nick Hensek
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0% found this document useful (0 votes)
204 views49 pages

Faq On The Assam Public Procurement Act and Rules Final

Uploaded by

Nick Hensek
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Frequently Asked

Questions (FAQs)
ON
THE ASSAM PUBLIC PROCUREMENT ACT (APPA 2017)
AND
THE ASSAM PUBLIC PROCUREMENT RULES (APPR 2020)

Disclaimer
If there is any conflict between the FAQ and the provisions in the APPA
2017 and APPR 2020, the provisions in the APPA-2017 and APPR-2020
shall prevail
Updated on: 30th July, 2022
Sl. Query Response
1. What is Please refer to the Assam Financial Rules (AFR), 1939 and
Administrative the Delegation of Financial Powers (DFP) Rules, 2022.
Approval? “Administrative approval” – This term denotes the formal
acceptance, by the administrative department concerned of the
proposals based on preliminary plans for incurring any
expenditure in the Public Works or any other department of
Government on a work initiated by, or connected with, the
requirements of such administrative department. It is, in effect,
an order to the Public Works or such other Department of
Government to execute certain specified works at a stated sum
to meet the administrative needs of the department
requisitioning / requiring the work.

2.a What is Please refer to the DFP Rules, 2022


“Administrative “Administrative Department” - means the Secretariat
Department”? Department to which the subject under consideration is
assigned for disposal under the Assam Rules of Executive
Business, 1968.

2.b What is Please refer to the AFR, 1939 and the DFP Rules, 2022
“Technical “Technical Sanction” (TS) has the same meaning as in the
Sanction” Assam Financial Rules, 1939.

For every works (except petty works and repairs, and repairs
for which a lump sum provision has been sanctioned), a
detailed estimate must be prepared for the ‘sanction’ of
competent authority and this ‘sanction’ is known as the
"technical sanctions" to the estimate (AFR 240).

“Technical sanction” -is the approval to the detailed designs,


plans, specifications and quantities by the competent
Engineering authority, which is required to be given to any
work (other than petty works, petty repairs, and other repairs
for which a lump sum provision has been sanctioned by the
Competent Authority) before its commencement

Page 1 of 48
Sl. Query Response
3. What is a “Bid”? Please refer to the Section 2(a) of the APPA, 2017 and Rule
2(1)(d) of the APPR, 2020

It means a formal offer made in pursuance of an invitation by a


procuring entity and includes any tender, proposal (technical
or financial) or quotation.

4. What is “Notice Please refer to the Section 2(d) of the APPA, 2017 and Rule
Inviting 21(5)(v) of the APPR, 2020
Bids”(NIB)? Notice Inviting Bids (NIB) [or Notice Inviting Tender (NIT) or
Invitation for Bids (IFB) or Invitation to Bid (ITB) or Notice
Inviting Tender (NIT)] is a document published by a procuring
entity inviting bids for procurement of specific goods, works, or
services relating to a subject matter of procurement

5.a What is Bid Please refer to the Section 2(e) of the APPA, 2017.
Security? "Bid Security" means a security provided to the procuring entity
by a bidder for securing the fulfilment of any obligation in terms
of the provisions of the bidding documents.

5.b What should be Please refer to the Rule 29(9)(i) of the APPR, 2020.
the amount of The amount of bid security is generally, between 2% to 5% of
Bid Security? the estimated value of procurement, and the amount so
calculated and rounded off to nearest thousand rupees, should
be specified in the bidding documents

5.c In case of two Please refer to the Section 14(iv) of the APPA, 2017.
envelop bids, bid In case of two envelop bids, bid security shall be submitted in
security shall be or along with the first envelope containing the technical bid
submitted with
Technical or
Financial Bid?
5.d When shall be Please refer to the Rule 29(2) of the APPR, 2020.
the Bid Security The Bid Security deposited by a bidder shall be forfeited:
deposited by a a) if bidder withdraws or modifies its bid after opening of bids;
bidder forfeited or
to Govt.?

Page 2 of 48
Sl. Query Response
b) if bidder, after being selected for award of contract, does not
sign the Contract or does not deposit the required
performance security within the specified period; or
c) if bidder breaches any provision of code of integrity
prescribed for bidders specified in the Assam Public
Procurement Act and the Rules; or
d) in two-stage bidding, if bidder withdrawing from the bid fails
to declare its intention to withdraw, citing the reasons
thereof, at least the day before the date fixed for submission
of final bid

5.e If a bidder refuse Please refer to the Rule 23(4)(ii) of the APPR, 2020.
to extend Validity Prior to the expiry of the period of validity of bids, the procuring
of his bid beyond entity, in exceptional circumstances, may request the bidders
the original to extend the bid validity period for a specified additional
stipulated period of time. A bidder, by option, may refuse the request and
validity, should such refusal shall be treated as withdrawal of bid but in such
the amount of Bid cases the bid security shall not be forfeited.
Security be
forfeited to Govt.?

6. Who is a Please refer to the Section 2(f) of the APPA, 2017 and Rule
Competent 2(1)(f) of the APPR, 2020
Authority? A person, body of persons, organs or an agency competent to
take administrative actions.

7.a What is a Please refer to the Rule 2(g) of the APPR, 2020
“Construction Construction Committee means a quasi-governmental
Committee”? committee, comprising inter-alia at least two Government
officials of Grade III level or above, constituted by an
authorized district officer for implementation of various
schemes that are predominantly of local nature and which
require local monitoring, provided they are recognized under
the relevant scheme guidelines.

7.b What kind of Please refer to the Rule 24(N) of the APPR, 2020.
works can be

Page 3 of 48
Sl. Query Response
executed under Construction Committee may take up execution of works under
“Construction the following schemes viz. MP-LADS / MLA-ADS / Schemes
Committee”? under Untied Funds, etc.

8.a What is Please refer to the Section 3(4)(b) of the APPA, 2017 and
“Emergency Rule 2(1)(i) and 24(C)(vii) of the APPR, 2020.
Procurement”? Section 3(4)(b): “Emergency procurement” are those
procurements that are necessary for the management of any
‘disaster’, as defined in section 2(d) of the Disaster
Management Act, 2005 (i.e. “disaster” means a catastrophe,
mishap, calamity or grave occurrence in any area, arising
from natural or man-made causes, or by accident or
negligence which results in substantial loss of life or human
suffering or damage to, and destruction of, property, or
damage to, or degradation of, environment, and is of such a
nature or magnitude as to be beyond the coping capacity of
community of the affected area).

Rule 2(1)(i): “Emergency procurement” means procurement of


Goods, Services or works that need to be taken up in response
to recent or imminent, natural or man-made disasters and
calamities to restore public facilities or services which are
crucial for reinstating normal public life.

Rule-24(c)(vii)]: In emergent situations arising in a district of


the State out of floods and other calamities, natural or
otherwise, or urgency for upholding human rights, the relevant
subject matter may be procured from a single source at or below
the ceiling rates to be fixed by a District Emergency
Procurement Committee.

8.b What shall be Please refer to the Rule 24(C)(vii) of the APPR, 2020.
the composition The composition of the District Emergency Procurement
of the District Committee shall be as follows: -
Emergency a) Deputy Commissioner – Chairperson
Procurement b) District Officer of the Concerned Department– Member
Committee? Secretary
c) Sub-divisional Officers of Civil Sub-division – Members
Page 4 of 48
Sl. Query Response
d) Finance and Accounts Officer – Member
e) Concerned Technical Officer – Member
9. What is ‘e- Please refer to the Rule 2(g) of the APPA, 2017.
procurement’? "e-procurement" means the electronic (process of
procurement) where in the physical tendering activity is carried
out online using the Internet and associated technologies.

10. Who is a Please refer to the Rule 2(k) of the APPR, 2020.
“Financial Senior most officer responsible for financial and / or accounts
Advisor”? management in a procuring entity, or an Administrative
Department

11. What is Please refer to the Rule (1)(m) of the APPR, 2020.
“International It is a bidding process in which qualified bidders from all over
Competitive the world, except those having nationality of a country declared
bidding” (ICB)? ineligible by the Central Government, are allowed to
participate.

12. What is Please refer to the Rule 2(1)(n) of the APPR, 2020.
“National It is a bidding process in which qualified bidders within India
Competitive only are allowed to participate
Bidding” (NCB)?

13. What is Please refer to the Rule 2(1)(o) of the APPR, 2020
“Sanction”? “Sanction” means financial sanction and has the same meaning
as in the Assam Financial Rules, 1939, as amended time to time

14. What are Please refer to the Rule 2(1)(s) of the APPR, 2020
“urgent works”? “Urgent works” as distinct from ‘emergency works’, means
works which require immediate commencement for
completion within a very short, compressed time schedule or
which need to be taken up on priority basis in the public interest
to ensure the safety and security of life or prevention of loss of
public assets.

15. What is a “Start- Please refer to the Rule 2(1)(t) of the APPR, 2020
up”?

Page 5 of 48
Sl. Query Response
“Start-up” means any entity recognized as a start-up by the
Government of Assam or the Government of India.

[A start-up is a company that's in the initial stages of business/


first stage of its operations, who want to develop a product or
service for which they believe there is demand. These
companies generally start with high costs and limited
revenue, often financed by its entrepreneurial founders during
the initial starting period].

16. What is Please refer to the Rule 6 of the APPR, 2020


“Conflict of Conflict of interest for a procuring entity or its personnel and
interest”? bidders is considered to be a situation in which a party has
interests that could improperly influence the performance of its
duties or responsibilities, contractual obligations, or
compliance with applicable laws and regulations

17. What are Please refer to the Section 8(2) of the APPA, 2017 and Rule
“Vendor and 9 of the APPR, 2020
Contractor These are registers or databases related to procurement which
Register”; are required to be maintained by every procurement entity
“Procurement following electronic or physical format as official records and
Register”; ensure their safe custody as per provision of sub-section (2), of
“Purchase Order section 8 of the Act
Guard Register”;
“Stock Register”
; “Asset
Register” and
“Liability
Register”?

23. What is “Code of Please refer to the Section-11 of the APPA, 2017and Rule 20
Integrity”? of APPR, 2020

Section-11 laid down the Code of integrity for procuring entity


and bidders, which prohibits them from indulging in any
improper and illegal activities for personal gain.

Page 6 of 48
Sl. Query Response
Rule-12 of inter alia mentions that an unimpeachable standard
of integrity shall be maintained as prescribed under Section 11
of the APPA, Central Civil Services (Conduct) Rules-1964, All
India Services (Conduct) Rules-1968 or the Assam Civil Service
(Conduct) Rules-1965

24. What is ‘Single Please refer to the Rule 14 of the APPR, 2020.
Envelope Bid’? ‘Single Envelope Bid’ is a way of receiving of bids in which the
technical, quality and performance aspects, commercial terms
and conditions and the financial aspects including the price are
contained in a single envelope.

25. What is “Two Please refer to the Rule 14 of the APPR, 2020.
Envelope Bid”? ‘Two Envelope Bid’ is a way of receiving of bids in which the
techno commercial aspects of the bid, that include, the
documents/information relating to the technical, quality, bid
security and commercial terms & conditions are placed in one
envelope (called ‘Technical Bid”) and the financial terms
including price and relevant discounts are placed in another
separate (envelope called “Financial Bid”).

26. What is the Please refer to the Section 14 of the APPA, 2017 and Rule 15
“Criteria of Bid of the APPR, 2020.
Evaluation”? The criteria for bid evaluation shall be detailed by the procuring
entities in the bidding documents based on the provisions in
the aforementioned Section and Rule.

27. When “Price Please refer to the Section 15 of the APPA, 2017 and Rule 16
Negotiations” of the APPR, 2020
are permitted? According to Section-15 of the APPA, 2017, no price negotiation
shall be held by a procuring entity with a bidder with respect to
a bid presented by him except as otherwise provided in Section
31 (2)(b) or Section 35 of the Act or in such circumstances and
subject to such conditions as may be prescribed.

The Rule 16 of the APPR, 2020 inter alia mentions that


Negotiations may however be undertaken as per Section 15 of
the Act, if so approved by the competent authority, only with
Page 7 of 48
Sl. Query Response
the lowest or most advantageous responsive bidder, and with
no other bidder, under the following circumstances viz. (a)
when ring, pool or cartel prices have been quoted or are
suspected to have been quoted by the bidders for a subject
matter of procurement; and (b) when the rates quoted vary
considerably or are unreasonable or higher than the prevailing
market rates.

According to the APPR, 2020 price negotiations are allowed in


the following procurement methods viz. Single Source
Procurement or Single Source Selection, Competitive
Negotiations, Swiss Challenge, Parallel Rate Contracts, Quality
Based Selection (QBS), and Consultants’ Qualifications
Selection (CQS)].

28. What is “Pre- Please refer to the Section 2(s), Section 2(t) and Section-18
Qualification” of the APPA, 2017 and Rule 18 of the APPR, 2020.
and "Pre- Section 2(s) - "pre-qualification" means the procedure set out
Qualification to identify, prior to inviting bids, the bidders that are qualified
Documents"? (to participate in a bidding process); and

Section 2(t)- "pre-qualification documents" means the


documents issued by a procuring entity, including any
amendments thereto, that set out the terms and conditions of
the pre-qualification proceedings and includes the invitation to
pre- qualify;

Section 18- Pre-qualification of bidders should be done in


technically complex; strategic and high value procurements as
prescribed in rules and guidelines made hereunder a procuring
entity may engage in a pre-qualification process, with a view to
identifying, prior to inviting bids, the bidders that are qualified
for any specified period of time.

Rule 18- lays down the norms relating to the Pre-qualification


of bidders.

29.a What is “Public Please refer to the Section 2(u) of the APPA, 2017.
Procurement”?

Page 8 of 48
Sl. Query Response
Section 2(u) of the Assam Public Procurement Act, 2017 defines
"procurement" or "public procurement" as the acquisition by
purchase, lease, license or otherwise of works, goods or
services, including award of Public Private Partnership
projects, by a procuring entity whether directly or through an
agency with which a contract for procurement services is
entered into, but does not include any acquisition without
consideration, and "procure" or "procured" shall be construed
accordingly.

29.b What is Please refer to the Section 3(2) of the APPA, 2017.
“Procuring “procuring entity” means any - department of the State Govt. or
Entity” its subordinate office; PSU owned/controlled by the State
Govt.; entity whose expenditure is met from the Consolidated
Fund of the State; entity or board or corporation or authority or
society or trust or autonomous entity established or
constituted by an Act of the State Legislature or an entity owned
or controlled by the State Govt.; entity which the State Govt.
may notify to be a procuring entity for the purpose of this Act,
procurement support agency/ agent/consultant involved in
procurement.

30. Who is a Please refer to the Section 2(b) of the APPA, 2017.
‘Bidder’? “Bidder" as any person, company, firm, agency, institution, etc.
participating in a procurement process of a procuring entity for
procurement of Goods, Works or Services.

31. Who is a Please refer to the Section 2(za) and Section 19 of the APPA,
“Registered 2017 and Rule 19 of the APPR, 2020.
Bidder”? Section 2(za): "registered bidder" is a bidder who is on a list of
registered bidders of the procuring entity maintained under
Section 19 of the Act.

Rule 19: Inter alia mentions that The procuring entity may
prepare a registered panel of eligible bidders of good conduct
and the bidders so empanelled shall be listed with the procuring
entity as registered bidders.

Page 9 of 48
Sl. Query Response
32. What are the Please refer to the Section 19(4) of the APPA, 2017 and Rule
“Conditions for 20 of the APPR, 2020.
removal of Section 19(4) inter alia mentions that the State Govt. may
registered prescribe the procedure and conditions in the rules and
bidders from guidelines for removal of registered bidders from list of
list”? registered bidders.

Rule 20 of APPR, 2020 provides the norms relating to removal


from list of registered bidders.

33. What is a ‘Late Please refer to the Rule 23(7) of the APPR, 2020.
Bid’? “Late bids” are those bids which arrive by post or delivered by
hand after the deadline for submission of bids.

In case of e-procurement the portal/system do not allow any


bids to be uploaded after the deadline for submission of bids.

34. What is Please refer to the Rule 23(13) (ii)(a) of the APPR, 2020.
“Deviation” in “Deviation” in terms of bidding documents means a departure
terms of bidding (in the bid submitted) from the requirements specified in the
documents? bidding documents

35. What is Please refer to the Rule 23(13) (ii)(b) of the APPR, 2020.
“Reservation” in “Reservation” in terms of bids means putting conditions or
bids? withholding (by the bidder) from complete acceptance of the
terms & conditions and other requirements specified in the
bidding documents.

36. What is Please refer to the Rule 23(13) (ii)(c) of the APPR, 2020.
“Omission” in “omission” is the failure (on the part of the bidder) to submit
terms of bidding part or all of the information or documentation required in the
documents? bidding documents

37. What is “Open Please refer to the Section 29 of the APPA, 2017 and the Rule
Competitive 21(5)(v) and Rule 24(A) of the APPR,2020.
Bidding”? ‘Open Competitive Bidding’ emanate from ‘Transparency’
which is one of the fundamental principles of public
procurement as per Section 4 of the APPA.

Page 10 of 48
Sl. Query Response
Section 29 of the APPA mentions that every procuring entity
shall prefer the open competitive bidding as the most preferred
method of procurement to be followed.

In this method, the procuring entity invites bids giving the


widest possible publicity as specified in Rule 21(5)(v), with no
restriction on participation of eligible bidders. This includes
eligible bidders not registered with the procuring entity as well
as foreign bidders bidding in Indian rupees.

38. What is Please refer to the Section 30(1) and Section 6 of the APPA,
“Limited 2017 and the Rule 21(5)(v) and Rule 24(B) of the APPR,2020.
Bidding”? Limited Bidding is a procedure for obtaining bids only from a
limited number of Bidders.

Under conditions specified in the Section 30(1) or Section 6 of


the APPA and Rule 24(B) of the APPR, and after recording the
specific reasons and circumstances thereof, a procuring entity
may issue invitation to bid to only a limited number of bidders.
However, all bidders fulfilling the qualification and limitation
criteria shall be allowed to participate in the bidding process
irrespective of whether any invitation was issued to them or
not. From amongst the bids submitted, the most responsive bid
is selected.

39. What is “Single Please refer to the Section 31 of the APPA, 2017 and the Rule
Source 24(C) of the APPR, 2020.
Procurement”? Single Source Procurement is a procedure for obtaining bid
only from a single Bidder under conditions specified in Section
31 of the APPA and Rule 24(C) of the APPR, and after recording
the specific reasons and circumstances thereof.

40. What is “Two- Please refer to the Section 32 of the APPA, 2017 and the Rule
Stage Bidding”? 24(D) of the APPR, 2020.

In a two-stage bidding procedure, un-priced techno-


commercial proposals are invited first. In the second stage
bidders are invited to submit technical (updated) and financial
proposal or only financial proposal.

Page 11 of 48
Sl. Query Response
In some instances, as mentioned in the Act and the Rules
procurement entity may opt for two-stage bidding.

In the first stage, proposals containing the technical aspects


including design, technology, professional/ technical
competencies and qualifications of bidders etc. Are sought from
the bidders, without asking for bid price. Bidders whose 1st stage
proposals are found to be responsive are selected for 2nd stage.

In the 2nd stage, only the selected bidders of the first stage are
invited to submit their detailed technical and financial
proposals and after evaluation against a given set of criteria the
most responsive bid is selected.

41. What is an Please refer to the Section 2(h) and 33 of the APPA, 2017 and
“Electronic the Rule 24(E) of the APPR, 2020.
Reverse “Electronic Reverse Auction” is an online real- time purchasing
Auction”? technique to select the successful submission, which involves
presentation by bidders of successively lowered bids during a
scheduled period of time and the automatic evaluation of bids.

It is a web-based procurement software tool that allows


potential suppliers to compete online and in ‘real time’ by
providing prices for the goods/services under auction.

42. What is Please refer to the Section 34 of the APPA, 2017 and the Rule
“Request for 24(F) of the APPR, 2020.
Quotations”? “Request for Quotations” is a method of procurement wherein
quotations in sealed envelopes are requested simultaneously
from as many potential bidders as practicable, subject to a
minimum of three, for submission within a given date and time,
provided the potential bidders are genuine, having clear
individual established identity and not a sister concern of one
another. The successful quotation shall be the lowest priced
quotation meeting the needs as set out in the request for
quotations.

Subject to the provisions contained in section 34 of the Act, a


procuring entity may adopt the ‘request for quotations’ method

Page 12 of 48
Sl. Query Response
for procurement, only if the estimated cost or the value of the
subject matter of procurement is less than Rs.1.0 lakh (Rupees
One lakh) on one occasion, but it shall not exceed Rs.5.0 lakh
(Rupees Five Lakh) in a financial year [Rule 24(F)(i)]

43. What is “Spot Please refer to the Section 34(3) of the APPA, 2017 and the
Purchase”? Rule 24(G) of the APPR, 2020.

“Spot Purchase” is a method of procurement, wherein a


committee of minimum three members does the purchase
directly from the market, provided the estimated cost or the
value of the subject matter of procurement is less than Rs.1.0
lakh (Rupees One lakh) on one occasion. [Section 34(3) and
Rule24(G)(i)]

The committee shall survey the market to ascertain the


specifications, quality and reasonableness of rate with
reference to the wholesale market price, identify the
appropriate supplier and shall certify that the goods and
services purchased through the spot purchase method are
commensurate with the prevailing market rates so as to ensure
that the procurement does not reflect any unfair advantage or
violate the Code of Integrity. Records of the authorised dealers,
vendors, wholesalers approached and the price quoted by them
shall be kept.

44. What are Please refer to the Section 35(A) of the APPA, 2017 and the
“Competitive Rule 24(H) of the APPR, 2020.
Negotiations”? This procurement method may be used when ‘Open
Competitive Bidding’ is not practicable owing to urgency
brought about by unforeseen events or where procurement
involves goods/ materials such as oilseeds, cotton, livestock,
etc. whose prices fluctuate frequently.

Procurement shall be done through a purchase committee of


the procurement entity. The Purchase committee conducts
competitive negotiations with not less than three potential
bidders, in a non-discriminatory manner, on one-on-one basis.

Page 13 of 48
Sl. Query Response
The committee then decide the best and final offers received.
Final bids received are not negotiated any further, and are
evaluated to determine lowest or most advantageous bid
conforming to the agreed terms.

The purchase committee shall record a certificate to effect that


it is satisfied that the subject matter of procurement is of
requisite specifications and quality, and are priced at the
prevailing dealer/wholesale market rate

45. What is “Rate- Please refer to the Section 2(z) and Section 36(1) of the
Contract”? APPA, 2017 and the Rule 24(I) of the APPR, 2020.

Section 2(z): "Rate Contract" means an agreement between a


procuring entity and one or more bidders which specifies the
terms and conditions including the price, for the supply of a
subject matter of procurement required on a recurring basis.

Rule 24 (I)(1)(ii): Procedure consist of two phases. In the first


phase, rate contracts shall be concluded through Open
Competitive Bidding without any commitment of quantum of
procurement. In the second phase, procurement of the
particular subject matter in the required quantities may be
made from time to time by issue of supply or work orders at
those rates during the period of the rate contract.

46. What are Please refer to the Rule 24(I)(vi) of the APPR, 2020.
“Parallel Rate Rule 24(I)(vi): If the quantity of the subject matter of
Contracts” ? procurement required is beyond the capacity of the lowest
bidder or the subject matter of procurement is of a critical or
vital nature, rate contracts may be entered with more than one
bidder in the order of their standing in the final evaluation of
bids but at the successful lowest bid rate as parallel rate
contracts.

47. What is Please refer to the Section 28(i) and Section 36(1) of the
Government e- APPA, 2017 and the Rule 24(I)(2) of the APPR, 2020.
Market (GeM)?

Page 14 of 48
Sl. Query Response
Government e-Market Place (GeM) is an electronic and online
procurement process through a portal of the Government of
India.

GeM is a one stop portal to facilitate online procurement of


common use goods & services required by various Government
Departments/ Organizations/ PSUs. Government of Assam has
signed an MOU on 11 July, 2017 with Department of
Commerce, Ministry of Commerce & Industries, Government
of India for use of GeM for procurement of goods and services.
GeM aims to enhance transparency, efficiency and speed in
public procurement. It provides the tools of e-bidding, reverse
e-auction and demand aggregation to facilitate the government
users achieve the best value for their money.

GeM is hosted by GeM SPV (Special Purpose Vehicle), a 100 per


cent Government-owned, non-profit company under the
Ministry of Commerce and Industries, and the online
procurement process on GeM is end to end from placement of
supply order to payment to suppliers.

48. What is Please refer to the Section 2(i) and Section 2(j) and Section
“Framework 36(1) of the APPA, 2017 and the Rule 24(J) of the APPR, 2020.
Agreement Section 2(i)- Framework Agreement Procedure: means a
Procedure” and procedure conducted in two stages: a first stage to select
“Framework supplier(s) / contractor(s) to be a party(ies) to a framework
Agreement”? agreement with a procuring entity, and a 2nd stage to award
contract (call-off contracts) under the framework agreement to
supplier(s) or contractor(s). There is no guarantee of award of
any call-off contracts under the framework agreements.

Section 2(j)- Framework Agreement: means an agreement


between the procuring entity and the selected supplier(s) or
contractor(s) concluded upon completion of the first stage of
the framework agreement procedure.

Rule 24(J)(i) and 24(J)(iii) - When it is required to procure a


subject matter of procurement over a period of time but the
quantity or extent and timing cannot be specified in advance,
Page 15 of 48
Sl. Query Response
Framework Agreement Procedure may be followed for entering
into a long-term Framework Agreement (not more than three
years, with the option to extend further by not more than one
year) with suppliers or contractors or consultancy/non-
consultancy services setting the scope, terms and conditions
under which such procurement can be made at any time
throughout the term of such agreement.

49. What is the Please refer to the Section 2(zf) and Section 35(B) of the
“Swiss APPA, 2017 and the Rule 24(M) of the APPR, 2020.
Challenge Section 2(zf)- "Swiss Challenge Method (SCM)" means a
Method”? method of Procurement in which an unsolicited proposal for a
government project is received and third party(ies) are allowed
to challenge the original proposal through open bidding, and
then the original proponent is given a chance to counter-match
the most advantageous / most competitive offer.
Rule 24(M)(ii) - Eligible sectors: This method of procurement
may not be adopted below the specified threshold value or for
sectors or sub-sectors that are not notified to be eligible under
SCM Method.

50. What is “Earnest Please refer to the Rule 24(M)(vii) of the APPR, 2020.
Security”? Under the Swiss Challenge Method of Procurement, the project
proponent, shall furnish interest-free Earnest Security
amounting to a percentage of the total estimated cost of the
project, as notified by the Finance Department from time to
time, through bank guarantee from a scheduled bank or any
other acceptable instrument with a validity period of not less
than 180 days commencing from the date of receipt of the
comprehensive proposal by the Administrative Department
including claim period of 60 days. The validity period may be
extended as mutually agreed, from time to time. The bid shall
be summarily rejected if the detailed and comprehensive
proposal is not accompanied with the Earnest Security.

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51. Who is a Please refer to the Rule 24(M)(xiii) of the APPR, 2020.
“Transaction The Transaction Advisor is hired for a project under Swiss
Advisor”? Challenge Method for providing technical, financial and legal
advice and assisting the Administrative Department concerned
in the entire process of finalization of the successful bidder and
award of contract. Alternatively, an officer of the Department
may be entrusted with the responsibilities of the Transactional
Advisor.

52. What are Please refer to the Section 2(zb) of APPA, 2017and Rule 25
“Services” or of the APPR, 2020.
“Consulting Section 2(zb)- Services means any subject matter of
Services” and procurement other than goods or works and includes physical,
what is the maintenance, professional, intellectual, consultancy and
procedure for ? advisory services or any service classified or declared as such by
a procuring entity and does not include appointment of any
person made by any procuring entity.

Rule 25(1)(b) (Eplaination-1): "Consulting Service" means any


subject matter of procurement other than goods or works,
except those consequential or incidental to such service or
subject matter, and includes professional, intellectual,
technical and advisory services or any other service classified or
declared as such by a procuring entity but does not include re-
engagement of a retired Government servant, not related to a
specific project.

53. What are “Non- Please refer to the Rule 25 of the APPR, 2020.
Consulting Rule 25(1)(b) (Eplaination-1I): Similarly, “Non-Consulting
Services”? Services," means any subject matter of procurement, other than
goods or works except those consequential or incidental to that
service or subject matter, that involve physical, measurable
deliverables or well defined outcomes, where performance
criteria or standards can be clearly identified and consistently
applied.

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These services include maintenance, transportation, hiring of
vehicle, outsourcing management of building facilities,
management, security, catering, reprography, photocopier
service, janitor, office errand services, drilling, aerial
photography, video recording, satellite imagery, survey,
mapping, Information Technology related services like website
design, maintenance, etc.

54. What is Please refer to the Section 27(4) of the APPA, 2017 and Rule
“Performance 30 of the APPR, 2020.
Security”? Performance security is a percentage of the contract value that
is deposited with the procuring entity by the successful bidder
as a guarantee to perform and execute the contract as agreed.
The manner of collecting the performance security is decided
by the procuring entity and is specified in the bidding
documents. The performance security is returned to the
contractor/ vendor at the end of the satisfactory completion of
the contract including all contractual obligations related to
warranty, guarantee, defect liability period, operations,
maintenance etc.

The amount of performance security shall be at least five


percent of the amount and currency of the value of the supply
order or work order as the case may be provided that the
amount of performance security may be higher if so specified in
the bidding documents

55. What are Please refer to the Rule 33 of the APPR, 2020.
“Repeat If an original supply order for a subject matter of procurement
Orders”? was given to a supplier of goods or services after Open
Competitive Bidding, and if so provided for, in the bidding
documents, repeat orders for supply of additional quantities of
that subject matter of procurement may be placed with the
original supplier at the same rates and on the same terms and
conditions as in the original order subject to the following
conditions: -

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a) that the procuring entity is satisfied that initiating a new
procurement shall not lead to better competitive prices and
such satisfaction is recorded in writing;
b) the value of the repeat orders shall be limited to such
percentage of the original contract value as may be notified
by the Finance Department from time to time;
c) the repeat orders shall be placed within 6 months of the
expiry of the original contract

56. What is “Quality Please refer to the Rule 25 (1) to 25(6) and Rule 25(7)(a) of
and Cost Based the APPR, 2020.
Selection” QCBS (Quality and Cost Based Selection) is competitive
(QCBS) Method? method procurement for hiring consultancy service, where
both quality and cost of the proposal is taken into consideration
during evaluation of bids and award of contract.

The Request for Proposals (RFP) document specifies the


minimum qualifying score for the technical Proposals, and the
relative weightages to be given to the quality and the cost (e.g.
T70:F30, T60:F40, T50:F50 etc.). The weightage for quality
shall be between 50% to 80%. The responsive proposal with the
highest weighted combined score is selected for award.

57. What is “Least Please refer to the Rule 25(7)(b) of the APPR, 2020.
Cost System” LCS is a competitive process for selection of consulting services
(LCS)? under which the selection of the successful firm also takes into
account the quality of the Proposal and the cost of the services.
There is no weightage for technical score in the final evaluation
and the responsive technically qualified proposal received with
the lowest price or cost is selected for award.

LCS is appropriate for assignments of a standard or routine


nature where established methodologies, practices and
standards exist such as audits, engineering design of non-
complex works, etc.

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58. What is “Quality Please refer to the Rule 25(7)(c) of the APPR, 2020.
Based Selection” QBS (Quality Based Selection) is also a competitive process for
(QBS) Method? selection of consulting services under which the Proposal
quality is evaluated without using cost as an evaluation
criterion. The financial proposal of only the highest technically
qualified firm is evaluated and negotiated, and is considered for
award.

QBS is appropriate for assignments:

a) of a complex or highly specialised nature demanding high


level of proficiency and innovation for which it is difficult to
define a precise TOR;
b) multi-sector feasibility studies, preparation of urban master
plans, structural design of large projects having high
downstream impact requiring the best available expertise;
and
c) organisational analysis and development, restructuring
interventions for large Govt. systems like Agencies,
Directorates, Undertakings, etc. or highly productive
assignments that can be carried out in substantially different
ways, such that proposals shall not be comparable

59. What is “Fixed Please refer to the Rule 25(7)(d) of the APPR, 2020.
Budget System” Fixed Budget System (FBS) is a competitive process under
(FBS)? which the selection of the successful firm takes into account the
quality of the Proposal and the cost of the services. FBS is
appropriate only when the assignment is simple and
unambiguous, where the TOR can be precisely defined, and
where the budget or fund available for the purpose is fixed and
shall not be exceeded. The RFP specifies the available budget
and the minimum score for the technical Proposals. The
proposal with the highest technical score that meets the fixed
budget requirements is considered for award.

60. What is Please refer to the Rule 25(7)(e) of the APPR, 2020.
Consultants’

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Qualifications Consultants’ Qualifications Selection (CQS) is appropriate only
Selection (CQS)? for small assignments when highly specialized expertise is
required or consulting firms with depth of expertise in specific
areas or when recruitment time is critical and the small
assignment is short-term, and when preparing and evaluating
competitive proposals is unjustified.

The procuring entity shall prepare the TOR, publish notice, as


prescribed, calling for EOI and information on the experience
and competence of consultants relevant to the assignment,
evaluate and rank the EOIs based on the evaluation criteria and
establish a short list of at least three firms. The highest ranked
firm with the most appropriate qualifications and references
shall be selected and invited to submit its technical and
financial proposals for contract negotiations, and award
contract if found acceptable. If not acceptable, the RFP shall
then be sent to the next ranked firm in the shortlist and the
process repeated.

61. What is Single Please refer to the Section 31 of APPA, 2017 and Rule 24(C)
Source Selection and Rule 25(7)(f) of the APPR, 2020.
(SSS)? Under Single Source Selection (SSS) a bid is solicited from a
single prospective bidder and contract is awarded following
negotiation as needed adhering to the Rule 16.

Section 31(1) of the Act cites the circumstances when SSS


procurement method can be adopted and Section 31(2) outlines
the procedure.

Rule 24(C) of APPR lays down the procedure to be followed in


SSS in case of Goods, Works and non-Consulting services and
Rule 25(7)(f) lays down the procedure for selection of
consultancy through SSS or selection by direct negotiation.

As per the APPA, the SSS method may be considered, if: -

a) subject matter of procurement is available only from a


particular prospective bidder, or a particular prospective
bidder has exclusive rights in respect of the subject matter

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of procurement, such that no reasonable alternative or
substitute source exists, and the use of any other
procurement method would therefore not be possible; or
b) there is an extremely urgent need for the subject matter of
procurement, and engaging in any other method of
procurement would be impractical; or
c) the procuring entity, having procured goods, equipment,
technology or services from a supplier, determines that
additional supplies or services must be procured from that
supplier for reasons of standardization or because of the
need for compatibility with existing goods, equipment,
technology or services; or
d) there is an existing contract for the subject matter of
procurement which can be extended for additional goods,
works or services and that the procuring entity is satisfied
that no advantage would be obtained by further
competition, the prices are reasonable and provisions for
such extension exist in the original contract; or
e) the procuring entity determines that the use of any other
method of procurement is not appropriate for the protection
of national security interests; or
f) procurement from a particular prospective bidder is
necessary in terms of sub-section (2) of section 6 of the Act
(relating to Procurement Preference Policy, Assam,); or
g) subject matter is of artistic nature; or
h) subject matter of procurement is of such nature as requires
the procuring entity to maintain confidentiality, like
printing of examination papers;

62. What is “Bid Please refer to the Rule 21(c) of the APPR, 2020 and the
Data Sheet”? Standard Bidding Documents (SBD) issued by the Finance
Department under Rule 21(5).

Bid Data Sheet (BDS) is a part of the Bidding Document and is


an integral part of the Instructions to Bidders (ITB). The BDS

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provides specific data and modifications that complement,
supplement, or amend the corresponding clauses in the ITB in
the standard bidding documents keeping it relevant to the
specific procurement. Whenever there is a conflict, provisions
in the BDS prevail over those in ITB.

63. What are Please refer to the Rule 21(e) of the APPR, 2020 and the
“Bidding Standard Bidding Documents (SBD) issued by the Finance
Forms”? Department under Rule 21(5).

Bidding Forms are to be provided in the Bidding Document.


The Forms for the Bid submission to be completed and
submitted by the Bidder as part of its Bid include Qualification
information form, Bid Form, Price Schedules form, Bid
Security Bank Guarantee form, Performance Security Bank
Guarantee form, Advance Payment Bank Guarantee form
Manufacturer’s Authorization form (if applicable).

64. What is a “Rate- Please refer to the Section 28(l) and Rule 24(L) of the APPR,
Bank”? 2020

‘Rate-Bank’ is related to the Community procurement for


community driven schemes. This method of procurement
enables the beneficiaries to procure the schematic input item of
their own choice by themselves, from a dealer selected by them,
at their own preferred time and at the price specified in a ‘Rate-
Bank’ established and published by the procurement entity.

The procurement entity implementing such community driven


scheme, shall establish the ‘Rate-Bank’ consisting of the names
of manufacturers of the specific input items, equipment or
machinery with the list of their local dealers, brands and
models with corresponding prices through a transparent and
open competitive process as prescribed in the rule. The
procurement entity shall sign a contract with all the
manufacturers included in the ‘Rate-Bank’

65. What is Please refer to the Rule 3(3) of the APPR, 2020
“Detailed

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Project Report” Detailed Project Reports (DPRs) are the outputs of planning
(DPR)? and design phase of a project. DPR is a very detailed and
elaborate plan for a project indicating overall programme,
different roles and responsibilities, activities, possible risks and
recommended measures to mitigate them and resources
required for the project and also its operation/maintenance of
the project after completion.

66. What is Terms Please refer to the Rule 25(3)(d) of the APPR, 2020
of Reference The “Terms of Reference (TOR)”, defines the assignment,
(ToR)? objectives, scope, outputs, and outcomes of the consultancy
services and provides necessary background information. TOR
shall be carefully framed in precise terms by the procuring
entity and it should allow prospective consultants to propose
their own methodology and work schedule. The TOR shall,
inter alia, include - (i) objectives of the assignment; (ii)
background of the project and relevant information; (iii) Scope
of the services to be provided; (iv) Tasks to be carried out and
completion schedule; (v) output to be delivered and/or
outcome; (vi) support and inputs to be made available by the
procurement entity; (vii) Time-frame for completion of the
assignment; and (viii) Requirements of Key Experts.

66.a What is Request Please refer to the Rule 25(3)(e) of the APPR, 2020
for Proposals The Request for Proposals (RFP) for a specific consulting
(RFP) services assignment provides all the information necessary for
document? the short-listed consultants to prepare their proposals. It
identifies the evaluation criteria, selection method, and
procedures that will be used to evaluate them. The RFP also
contains the Terms of Reference (TOR) and the draft contract
for the assignment

67. What is the need Please refer to the Preamble of the APPA, 2017, which
to establish the mentions that it is expedient to establish legal foundations for
legal procedures for procurement by public entities so as to ensure –
foundations of

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Sl. Query Response
public i. timely delivery of its intended outcomes with efficiency,
procurement? economy, professionalism and public accountability
from its officers and staff;
ii. the highest standards of transparency, fairness, equality
towards Its bidders;
iii. support to policies of the State on soda/, economic and
environmental issues; and
iv. assurance to public and other stakeholders regarding
probity and integrity of the process.

68. What is e- Please refer to the Section 2(g) and Section 28(2) of APPA,
procurement? 2017 and related provisions in the APPR, 2020

"e-procurement" means the electronic process where in the


physical tendering activity is carried out online using the
Internet and associated technologies

69. What is the Please refer to the Section 2(x) and Section 3(2) of the APPA,
meaning of 2017
“Procuring According to Section 3(2) of the APPA, "procuring entity,
Entity”? means

a) any department of State Govt. or its subordinate office;


b) any State PSU owned or controlled by the State Govt.;
c) any entity established/constituted under Indian
Constitution and whose expenditure is met from State’s
Consolidated Fund;
d) any entity or board or corporation or authority or society or
trust or autonomous entity established or constituted by an
Act of the State Legislature or an entity owned or controlled
by the State Govt.;
e) any other entity which the State Govt. may, by notification,
specify to be a procuring entity, being an entity that receives
substantial financial assistance from the State Govt.
f) any procurement support agency or procurement agent or
procurement consultant involved in procurement on behalf
of the procuring entities specified in clauses (a) to (e) above

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70. What is Please refer to the Section 2(o) of the APPA, 2017
“Goods”? "Goods" includes all articles, material, commodities, electricity,
livestock, furniture, fixtures, raw material, spares, instruments,
software, machinery, equipment, industrial plant, vehicles,
aircraft, ships, railway rolling stock and any other category of
goods, whether in solid, liquid or gaseous form, purchased or
otherwise acquired for the use of a procuring entity as well as
services or works incidental to the supply of the goods if the
value of services or works or both does not exceed that of the
goods themselves

71. What is Please refer to the Section 2(zd) of the APPA, 2017
“Works”? “Works” means all works associated with the construction,
reconstruction, site preparation, demolition, repair,
maintenance, or renovation or railways roads, highways or a
building, an infrastructure or structure or an installation or any
construction work relating to excavation, drilling, installation
of equipment, and materials, as well as services or goods
incidental or consequential to the works if the value of those
services or goods does not exceed that of the works themselves.

72. What is the Please refer to the Section 2(zc) of the APPA, 2017
“Subject Matter "Subject Matter of Procurement" means any item of
of procurement whether in the form of goods, services or works
Procurement”?

73. Who is a Please refer to the Section 2(b) of the APPA, 2017
“Bidder”? "Bidder" means any person, company, firm, agency, institution,
etc. participating in a procurement process of a procuring entity
for procurement of Goods, Works or Services

74. What is Please refer to the Section 5(4) of the APPA, 2017 and Rule
“Procurement 4 of the APPR, 2020
Plan”? A “Procurement Plan” is a document prepared by procurement
entities and to be submitted along with their annual budget
plan. The procurement plan shall detail information regarding
their procurement requirements for the financial year and shall

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contain at the least a brief description of the goods, works or
services for which procurement action is to take place;
proposed methods of procurement; any provision of price or
purchase preference as per the APPA; time schedule for key
procurement activities and any other relevant information
pertaining to the procuring entity’s plan for procurement in the
respective financial year.

75. What is a “Joint Please refer to the Rule 5(3) of the APPR, 2020
Venture”? A Joint Venture (JV) is a business arrangement in which two or
more parties agree to pool their resources, and having formal
intent and legal competency to enter into an agreement or
contract, can either be incorporated or unincorporated.

Where specifically permitted in the bidding documents, any


bidders having formal intent and legal competency to enter into
an agreement or contract or participate under an existing
agreement or contract in the form of a JV, provided-

a) no partner of the JV shall submit an independent bid for the


same package for which the JV submits a bid;

b) all partners of the JV shall be jointly and severally liable for


the bid and for the execution of the Contract;

c) if a JV’s bid is accepted, they shall either form a registered


JV Company or a Limited Liability Partnership, or a
Partnership Firm; or else the contract documents and the
JV Agreement, etc. shall be duly signed and executed in a
manner to make it legally binding on all partners and
indicating, Inter alia, the proposed distribution of
responsibilities, both financial as well as technical, for
execution of the work amongst them; and

d) JV shall nominate a Lead Partner who shall have the


authority to conduct all business for and on behalf of any or
all the parties of the JV during the bidding process and
during execution of the contract. This authorization shall be
evidenced by submitting a power of attorney signed by the

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legally authorized signatories of all the partners or,
otherwise, all the parties in JV shall sign the Agreement.

76. What is a A consortium is not a merger and each participant carries on its
consortium? normal business operation without any interference and
How is it remains independent. A joint venture is an association of two or
different from a more parties and can be incorporated or unincorporated. Unless
Joint-Venture? otherwise stated in the bidding documents, all partners of the
consortium, similar to the case of joint venture, shall be jointly
and severally liable for the bid and for the execution of the
Contract in accordance with the terms of the contract.

77. What is a “Lead Please refer to the Rule 5(3)(d) of the APPR, 2020
Partner” in a In case of Bid from a Joint Venture (JV), the JV shall nominate
Joint Venture? a “Lead Partner”, who shall have the authority to conduct all
business for and on behalf of any or all the parties of the JV
during the bidding process and during execution of the
contract. This authorization shall be evidenced by submitting a
power of attorney signed by the legally authorized signatories
of all the partners or, otherwise, all the parties in JV shall sign
the Agreement

78. What is the Please refer to the Section 6(5) and Section 7 of the APPA,
“Qualification of 2017 and Rule 7 of the APPR, 2020
Bidders”? Section 6(5) inter alia mentions that - procuring entity may lay
down reasonable Eligibility Conditions for participation in the
procurement process, as distinct from and in addition to any
technical or financial qualification criteria.

Section 7 of the Act inter alia mentions that - A procuring entity


may determine and apply one or more of the requirements for
a bidder to be qualified for participating in a procurement
process, as distinct from and in addition to any eligibility
conditions. Any bidder participating shall -(a) possess
necessary professional, technical, quality assurance, financial
and managerial resources, certification and experience and
competencies required, if any, by the bidding documents,

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Sl. Query Response
prequalification documents or bidder registration documents;
(b) fulfil any other qualifications as may be prescribed

Rule 7 APPR inter alia mentions that procuring entity shall


clearly specify the qualifications required for bidders to
participate in a procurement process in the relevant bid
documents or the bidder registration docs or pre-qualification
bidding docs.

79 What are the Please refer to the Section 10 of the APPA, 2017 and Rule 11
documentary of the APPR, 2020
records of All procuring entities shall maintain and preserve in safe
procurement to custody, the documentary record of procurement proceedings
be and of communications as per provision of the Section 10 of the
maintained/kept Act and Rule 11 of the APPR
ready by
procuring entity
as per Assam
Record Rules?

80. How Please refer to the Section 19 of the APPA, 2020 and Rule -
Registration of 19 of APPR, 2020.
bidders is done
as per APPA and
the APPR?

81. What are the Please refer to the Section 20 of the APPA, 2020 and Rule -
Minimum 21 of APPR, 2020.
Required
Documents to be
included in the
bidding
document?

82. What is SBD Please refer to the Section 20(4) of the APPA, 2020 and Rule
(“Standard -21(5) of APPR, 2020.
Bidding SBDs as model bidding documents have been notified by the
Documents”)? Government for procurement of works, goods and services.

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83. What is Pre-bid Please refer to the Section 22(4) of the APPA, 2020 and Rule
conference/ -22 of APPR, 2020.
Meeting? Why Section 22(4) of the APPA mentions that procuring entity may
do we need it? hold a pre-bid conference to clarify doubts of potential bidders
in respect of a particular procurement and the records of such
conference shall be intimated to all bidders and where
applicable, shall be published on the State Public Procurement
Portal.

As per Rule 22, in cases of turnkey contracts or facilities of a


special nature or procurement of sophisticated and costly
equipment; large works and complex consultancy assignments,
a suitable provision shall be kept in the bidding documents for
one or more rounds of pre-bid conference for clarifying issues
or doubts, if any, about the specifications, technical or
commercial details of the work, consultancy, plant, equipment
and machinery projected in the bidding document, etc.

84. What may be the Please refer to the Rule -23(1) of APPR, 2020.
“various As per the Rule, every procuring entity shall constitute and
committees” notify one or more Committees for the following purposes,
notified by a namely: -
Procuring
a) Preparation of bidding documents;
entity?
b) Opening of bids;
c) Evaluation of technical and financial bids;
d) Monitoring of contract;
e) Spot Purchase;
f) Purchase Committee for Competitive negotiations;
g) Any other purpose relating to procurement like preparation
or evaluation of Detailed Project Report, etc. as may be
decided by the procuring entity:

Provided that no consultant or advisor, by whatever name


called, shall be a member of any such Committee.

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85. What are the Please refer to the Rule -23(7) of APPR, 2020.
steps to be dealt Any bid that is submitted personally by hand after the time and
with “late bids”? date fixed for submission of bids under any circumstances. Any
bid which arrives by post after the deadline for submission of
bids shall be declared and marked as “Late” and returned
unopened to the bidder if the bidder so requests. In case of e-
procurement, the system shall not allow any bids to be
uploaded after the deadline for submission of bids

86. What is the Please refer to the Rule -23(9) of APPR, 2020.
“Procedure for Bids shall be opened as per the procedure mentioned in the
Opening of Rule by the Bid Opening Committee constituted by the
bids”? procuring entity at the time, date and place specified in the
bidding documents in the presence of the bidders or their
authorised representatives who choose to be present, enabling
them to watch the proceedings.

If electronic bidding is adopted, specific electronic bid opening


procedure as specified on the State Public Procurement Portal
shall be followed. The bidders shall be enabled to witness the
electronic bid opening and status of the bid evaluation online.

87. What will a Please refer to the Rule -23(20) of APPR, 2020.
procuring entity Rule 23(20(i) – If after evaluation of bids, the Bid Evaluation
do if after Committee ends up with only one responsive bid, the
evaluation of Committee shall check as to whether while floating the Notice
bids only one Inviting Bids all necessary requirements to encourage
responsive bid is competition, like, standard bidding terms and conditions,
received? industry-friendly specifications, wide publicity, sufficient time
for formulation of bids, etc. are fulfilled. If not, the Committee
shall recommend cancellation of the bid process and issue of
fresh Invitation for Bids after rectifying the deficiencies and the
procurement entity shall act accordingly.

Rule 23(20(ii) - Subject to strict adherence to all the prescribed


procedures and other relevant conditions outline in these rules
and the provisions of the Act, which shall be certified in writing

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by the concerned procuring entity, detailing the process
undertaken, the bid process shall be considered valid even if
there is one responsive bid, provided that: -

a) bid is technically qualified;


b) price quoted by the bidder is assessed to be reasonable;
c) bid is unconditional and complete in all respects;
d) there is no indication of cartelization amongst bidders; and
e) bidder is qualified as per the provisions of section 7 of the
Act.

In such cases, the Bid Evaluation Committee shall prepare a


justification note, in which the specific views of the Finance and
Accounts Officials/Members shall be necessary and on which
the approval of the next higher authority of the procuring entity
in terms of the relevant Delegation of Financial Powers shall be
obtained. The bid shall be finalized only after such approval is
accorded in consultation with the Finance and Accounts
Officials/Members.

88. What a The procuring entity shall explore the likely reasons for lack of
procuring entity suitable bids, may go for a market survey, hold dialogue with
will do if after potential suppliers and based on the feedback, as relevant,
three revisit the specified eligibility and techno-commercial
consecutive provisions, specifications, delivery schedules, guarantee/
invitations for warranty etc. given in the bidding document to ensure that such
quotations, no requirements are not unduly restrictive, and are in line with
suitable bid is market availability. The bidding documents may be
received? appropriately revised before requesting fresh Bids.

89. What is Please refer to the Rule -24(c)(iv) of APPR, 2020.


“Proprietary In procurement of goods, where items are procured only from
Article Original Equipment Manufacturers or manufacturers having
Certificate” proprietary rights or their authorised dealers or stockists, a
(PAC)? “Proprietary Article Certificate” (PAC) shall be signed by the
appropriate authority. The concerned Administrative

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Department responsible for the sector of such proprietary shall
lay down the schedule of powers for signing such certificate.

90. What is the Please refer to the Rule 24(c)(vii) of APPR, 2020.
“Role of District Rule 24(C)(vii)- In emergent situations arising in a district of
Emergency the State out of floods and other calamities, natural or
Procurement otherwise, or urgency for upholding human rights, the relevant
Committee”? subject matter may be procured from a single source at or below
the ceiling rates to be fixed by a District Emergency
Procurement Committee (DEPC), comprising the following
officials:

a. Deputy Commissioner – Chairperson


b. District Officer of the Concerned Department – Member
Secretary
c. Sub-divisional Officers of Civil Sub-division – Members
d. Finance and Accounts Officer – Member
e. Concerned Technical Officer – Member

The Role of the DEPC is to decide the ceiling rates for the
subject matter of procurement on the basis of analysis of the
wholesale market or authorised dealer rates of that subject
matter prevailing during the previous six months.

91. Upto what Please refer to the Rule 24(F)(i) of APPR, 2020.
value/ amount Request for Procurement method may be adopted by a
RFQ can be Procurement Entity if the estimated cost or the value of the
sought? subject matter of procurement is less Rupees One lakh (Rs.1
lakh) on one occasion, but it shall not exceed Rupees Five Lakh
(Rs. 5 lakh) in a financial year. However, the Finance
Department may, by notification, raise or lower the monetary
ceiling values prescribed.

92. What is Please refer to the Section 28(k) of the APPA, 2017 and Rule
procurement 24(K) of APPR, 2020.
from “e- Section 28(k)- a procuring entity may procure a subject matter
commerce”? of procurement inter alia by means of any of the e-commerce
method.

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Sl. Query Response
Rule 24(K)- Procuring entities may choose to procure its
essential common use needs through e-commerce websites in
case the subject matter of procurement is not available on GeM,
subject to the provisions as given in the Rules.

93. What is the Please refer to the Rule 24(G)(ii) of APPR, 2020.
“Role of Spot The Role of Spot Purchase Committee is to survey the market
Purchase diligently to ascertain the specifications, quality and
Committee”? reasonableness of rate with reference to the wholesale market
price, identify the appropriate supplier of the subject matter
thereof and record the certificate prescribed in the Rule and
signed by all the members. Departmental Stores, Shopping
Malls, Authorised Dealers may be included in the market
survey and reputed internet shopping portals may also be
explored.

94. What is Please refer to the Section 28(l) of the APPA, 2017 and Rule
Community 24(L) of APPR, 2020.
Procurement? The community procurement method shall be adopted for
community driven schemes for procurement of inputs like,
equipment, machinery etc., in community driven schemes
where each beneficiary of such scheme, whether individual or
group or community, is required to bear a part of the cost of
such input by way of bank loan or otherwise as “beneficiary
share.”

This method of procurement enables the beneficiary to procure


the schematic input item of their own choice by themselves,
from a dealer selected by them, at their own preferred time and
at the price specified in a ‘Rate-Bank’ established through open
competitive bidding by the procurement entity and published
widely.

95. What is State Please refer to the Rule 24(M)(i) and 24(M)(iv) of APPR,
level 2020.
Empowered State Level Empowered Committee or SLEC is a body, chaired
Committee? by the Chief Secretary, that shall be constituted by the State

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Government under the APPR as a Competent Authority for the
purpose of Swiss Challenge Method of Procurement.

96. What is Please refer to the Rule 23(4)(i) of APPR, 2020.


generally the bid The bid validity period should normally not be more than One
validity period? Hundred and Eighty (180) days, but depending on the nature
of the procurement, a longer validity period may be specified in
the bidding documents by the procurement entity if required

97. Under what Please refer to the Rule 33 of APPR, 2020.


conditions If the original procurement for goods and services followed
repeat orders Open Competitive Bidding, and if bidding documents made a
may be given? provision, then repeat orders for supply of additional quantities
may be placed with the original supplier at the same rates and
on the same terms and conditions as in the original order
subject to the following conditions:

a) That the procuring entity is satisfied that initiating a new


procurement shall not lead to better competitive prices;
b) The value of the repeat orders shall be limited to the
percentage notified by the Finance Department;
c) The repeat orders shall be placed within 6 months of the
expiry of the original contract.

98. What is Please refer to the Rule 23(11) and Rule 23(16) [for goods,
“Technical works and NCS] and 25(5) [for consultancy] of APPR, 2020.
Evaluation”? a) For goods, works and non-consulting services (NCS):
Technical evaluation is to assess the responsiveness,
technical capability including experience, personnel,
compliance with specifications, deviations, qualification
criteria etc. to meet the technical requirements and to
execute the contract, if awarded.

b) For consulting services: Evaluation of Technical proposals


is to assess the responsiveness to TOR, tabulated, analysed
and evaluated as per the scoring criteria specified in the RFP
(adequacy of methodology and work plan, relevant
experience and qualifications of key staff, relevant

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experience of the firm, transfer of knowledge). The
Committee shall record in detail the reasons for acceptance
or rejection of the technical proposals analysed and
evaluated by it and prepare a list of the bids that have been
qualified and accepted technically.

99. What is financial Please refer to the Rule 23(12) and Rule 23(17) [for goods,
evaluation? works and NCS] and 25(6) [for consultancy] of APPR, 2020.

a) For goods, works and non-consulting services: Financial


evaluation involves consideration of bid price, correction of
arithmetic errors, discounts offered, and if specified life
cycle costing, performance and productivity, O&M etc. and
determining the substantially responsive lowest evaluated
cost bid or most advantageous bid.

b) For consulting services: Financial evaluation involves


evaluation of proposal price, correction of arithmetic errors,
discounts offered etc. for further analysis, scoring, ranking
and selection of the successful bidder for negotiations and
award.

100. What is the Please refer to the Section 2(d) of the APPA, 2017.
meaning of “Bidding Documents” means documents for procurement of
bidding Goods, Works or Services issued by the procuring entity,
documents? including any amendments thereto, that set out the terms and
conditions of the given procurement and includes the invitation
to bid; The term "bidding document" also includes the "Request
for Proposal" and "Request for Quotation" documents used for
hiring consultancy and non-consultancy services.

101. What is the Please refer to the Section 13(1)(i) of the APPA, 2017.
meaning of The term 'techno-commercial bid' denotes the bid containing
techno- the technical, quality and performance aspects, commercial
commercial bid? terms and conditions and all other details and documents in the
bid, except the price and relevant financial details.

102. What is EPC Please refer to the Section 18(1)(c) of the APPA, 2017.
contracts?

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Engineering, procurement, and construction (EPC) contracts
are a form of contract where the Contractor carries out detailed
engineering design, procures all equipment and materials, and
under takes the construction. The procuring entity provides
basic engineering to the contractor and the latter performs
detailed design based on the received basic design.

103. What is turnkey Please refer to the Section 18(1)(c) of the APPA, 2017.
contracts? The term EPC is used as synonymous with “turnkey” mode.

However, there are some differences between two concepts=

a) In EPC, an employer will provide basic engineering to a


contractor and the latter shall perform detailed design
based of received basic design.
b) In Turnkey, Employer will only provide certain technical
specifications of the project and it is the responsibility of the
contractor to prepare basic and detail design of the project.

104. What is the Please refer to the Section 11(3)(f) and Section 46 of the
meaning of APPA, 2017 and Rule 20(d).
debarment, and A bidder shall be debarred by the State Government if he has
what are the been convicted of an offence -
conditions for
a) under the Prevention of Corruption Act, 1988; or
debarment?
b) under the Indian Penal Code, 1860 or any other law for the
time being in force, for causing any loss of life or property
or causing a threat to public health as part of execution of a
public procurement contract

A bidder shall not be debarred, unless such bidder has been


given a reasonable opportunity of being heard

105. What are Please refer to the Section 11(3)(f) and Section 46(4) of the
timelines for APPA, 2017.
such If a procuring entity finds that a bidder has breached the code
debarment? of integrity prescribed in terms of section 11, it may debar the
bidder for a period not exceeding three (3) years

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106. What is Please refer to the Rule 21(b) of the APPR, 2020.
Instructions to a) Instructions to Bidders (ITB) is a Section of bidding
Bidders? documents issued by the procurement entity for
procurement of goods, works and non-consulting
services. This Section provides relevant information as
well as instructions to assist prospective bidders in
preparation and submission of bids. It also includes the
mode and procedure to be adopted by the Employer for
receipt and opening as well as scrutiny and evaluation of
bids and subsequent award of contract.

b) Corresponding Section in the RFP document for


selection of consultants is “Instructions to Consultants”,
and provides information to help shortlisted consultants
prepare their proposals. Information is also provided on
the submission, opening and evaluation of proposals,
contract negotiation and award of contract.

107. What are Please refer to the Rule 21(f) of the APPR, 2020.
General General Conditions of Contracts (GCC) are set of defined terms
Conditions of and conditions of the contract in the bidding documents/RFP
Contract and issued for subject matter of procurement. These conditions
Special shall not be altered while customizing the standard bidding
Conditions of document issued by the Finance Department. However, the
Contract? respective clauses of GCC should be supplemented and or
amended in the Special Conditions of Contract (SCC). In such
case, clauses contained in GCC and related SCC shall be read
together. Whenever there is a conflict between information
contained in GCC and SCC, the clauses contained in SCC shall
prevail.

108. What does the Please refer to the Section 50 of the APPA, 2017 and the Rule
State 32 of the APPR, 2020.
Procurement The functions of the State Procurement Facilitation Cell may be
Facilitation Cell seen in the Section 50 of the APPA, 2017 and the Rule 32 of the
do? APPR, 2020

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The main functions of the SPFC is given below:

 To maintain and update the State Public Procurement


Portal set up under Section 17of Act.
 To arrange for training and certification specified in
terms of Section 48 of Act.
 To recommend to the State Government measures for
effective implementation of the provision of this Act.
 To provide guidance consistent with the provisions of
this Act and the Rules and guidelines made there under,
to the procuring entities with respect to the matter
relating to public procurement.
 To study different methods of public procurement and
prepare and recommend standard bidding documents,
pre-qualification documents or bidder registration
documents
 encourage procuring entities to adopt electronic
procurement; and
 To discharge such other functions as may be assigned to
it by the State Government consistent with the
provisions of this Act and the Rules and guidelines.
 To discharge such other functions as may be assigned to
it by the State Government consistent with the
provisions of the Act and the Rules.
 Issuing, with the approval of the Head of the Finance
Department and consistent with the provisions of the
Act, clarifications relating to the composition and
powers of various Committees dealing with
procurement as in sub-rule (1) of Rule 23.
 Monitoring publication of required information related
to procurement in the.
 Monitoring mandatory use of e-procurement by
procuring entities under Rule 17;

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 Setting coding conventions to facilitate e-governance,


including a Harmonised System of Nomenclature and
Coding for subject matters of all procurement.
 Establishing, maintaining and continuous monitoring of
the required safety and security protocols for the State
Public Procurement Portal, issuing guidelines for the
purpose and taking all precautionary measures thereof
to ensure the security and integrity of the portal;
 Monitoring Appeals relating to procurement as per
Sections 38 to 40 of the Act, and taking steps to improve
the appeal mechanism.
 Monitoring action taken regarding offences and
punishments relating to procurement as per Sections 41
to 47 of the Act, that are brought to its notice.
 Any other work required to be performed under the Act
and these Rules.

109. What is the State Please refer to the Section 17 of the APPA, 2017 and the Rule
Public 17 of the APPR, 2020.
Procurement State Public Procurement Portal is an online platform to be set
Portal (SPPP)? up and maintain by the State Government accessible to the
public for posting matters relating to public procurement

The State Public Procurement Portal will have the necessary


links to all the websites relating to public procurement by the
State Government including the sites for e-procurement,
electronic reverse auction and district websites etc.

110. Why do we need Please refer to the Section 17 of the APPA, 2017 and the Rule
the SPPP, when 17 of the APPR, 2020.
we have the e- The State Public Procurement Portal shall contain the specified
procurement information relating to the APPA, APPR, SBDs and other
portal? Notifications issued by the State Government for both manual
and e-procurement also the State Public Procurement
Statistics. A link is also provided for the e-procurement portal
from the SPPP, for carrying out the online process of electronic

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Sl. Query Response
tendering using the internet and associated technologies, and
contains very detailed information but related to e-mode only.

The Assam State has SPPP which may be seen at


http://sppp.assam.gov.in

111. What is the Please refer to the Section 24 of the APPA, 2017 and the Rule
difference 23(1), Rule 23(9) and Rule 23(10 to 20) of the APPR, 2020.
between the Bid Bid Opening Committee (may have a minimum of two
Opening members) is responsible for opening of bids received prior to
Committee and the bid submission deadline, in presence of the bidders or their
the Bid authorised representatives, and preparing record of the
Evaluation proceedings of bid opening, signed by all members of the
Committee? committee, and also sign each bid that has been opened.

Bid Evaluation Committee is responsible for evaluation of


the bids as per the qualification and evaluation criteria
specified in the bidding documents, verifies the documents
submitted by bidders if required, and prepares a bid evaluation
report with its recommendations for consideration of the
competent authority.

112. What is Digital Please refer to the Rule 23(2)(vii) of the APPR, 2020.
Signature Digital Signature Certificates (DSC) is a tool used for
Certificate electronically sign documents and is equivalent of physical
(DSC)? signature and fully legally valid. It can be presented
electronically to prove signatory’s identity. DSC is also used for
e-procurement portal for submission of bids.

In e-procurement, the bidders prepare bids in the formats


provided in the bidding documents or, in the formats published
on e-procurement portal, which are signed digitally by bidders
through their DSC and uploaded on the e-portal along with
their bids.

113. What is Please refer to the Section 32(2)(f), Section 42(2) of the
withdrawal of APPA, 2017 and the Rule 20(1)(e), Rule 23(4)(ii), Rule 23(8),
bids? and Rule 23(9)(v) of the APPR, 2020.

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A bidder may withdraw its bid by sending a written notice, duly
signed by the bidder or his authorised representative in writing,
before the deadline for bid submission. Bids requested to be
withdrawn are returned unopened to the bidders. No bid shall
be withdrawn after the time and date fixed for receipt of bids.
In cases of e-procurement, bidders may withdraw their bid
online as per the norms applicable for the e-procurement
portal.

114. What is Please refer to the Rule 23(8), of the APPR, 2020.
substitution of A bidder may substitute its bid by sending a written notice, duly
bids? signed by the bidder or his authorised representative in writing,
before the deadline for bid submission. No bid shall be
substituted after the time and date fixed for receipt of bids. In
cases of e-procurement bidders may substitute their bid online
as per the norms applicable for the e-procurement portal.

115. What is Please refer to the Rule 23(8), of the APPR, 2020.
modification of A bidder may modify its bid by sending a written notice, duly
bids? signed by the bidder or his authorised representative in writing,
before the deadline for bid submission. No bid shall be
modified after the time and date fixed for receipt of bids. In
cases of e-procurement bidders may modify their bid online as
per the norms applicable for the e-procurement portal

116. What is Bill of The Bill of Quantities (BoQ) is part of the Bidding Document,
Quantities which is prepared based on the detailed estimated cost. BoQ
(BoQ)? provide information on the quantities of Works to be
performed and it enable bidders to prepare and quote rates for
each item of the BoQ and to calculate the quote total Bid Price.
During contract execution, BoQ is inter alia used for accessing
the progress of works against individual items and record
measurements in MBs, and payment to contractors based the
rates quoted for BoQ items.

117. What is the Please refer to the Rule 23(13), of the APPR, 2020.
difference

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Sl. Query Response
between A bid shall be deemed to be responsive if it meets the
responsive bid requirements of the bidding documents without any material
and deviation, reservation, or omission where: -
unresponsive or a) “deviation” is a departure from the requirements specified
non-responsive in the bidding documents;
bid?
b) “reservation” is the setting of limiting conditions or
withholding from complete acceptance of the requirements
specified in the bidding documents; and

c) “omission” is the failure to submit part or all of the


information or documentation required in the bidding
documents.

The procuring entity shall regard a bid as responsive if it


conforms to all requirements set out in the bidding documents,
or contains minor deviations that do not materially alter or
depart from the characteristics, terms, conditions and other
requirements set out in the bidding documents, that is, there is
no material deviation, or if it contains errors or oversights that
can be corrected without any change in the substance of the bid

An unresponsive or non-responsive bid is a Bid which fails


to meet the requirements of the Bidding Documents without
any material deviation, reservation, or omission. Bids that are
not responsive or contain any material deviation shall be
rejected and declared as unresponsive and shall be excluded
from any further evaluation.

118. What is Please refer to the Rule 23(15) of the APPR, 2020.
immaterial non- Immaterial non-conformities in bids are non-
conformities in conformities that do not constitute a material deviation,
bids? reservation or omission and deem the bid to be responsive. The
Bid Evaluation Committee may request the bidder to submit
necessary information or documents which are historical in
nature, and may rectify immaterial non-conformities or
omissions on the basis of the information or documentation
received from the bidder.

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119. What is PAG? PAG stands for Permanent Advisory Group. Please refer to
the OM (FEB.366/2016/Pt/53 dated.12th November, 2021)

The Permanent Advisory Group will be primarily responsible


for advising the SPFC about policy matters. Broadly, its
functions shall include following:

 Review of recommendations from SPFC for removal of


difficulties /amendments to the Assam Public
Procurement Act and Rules.
 Review of the Standard Bidding Documents for adoption
by the State.
 Recommending the financial thresholds for various
procurement methods.
 Any other policy matters that may be endorsed by SPFC.

It currently comprises of the following members:

1 Senior-most Secretary of Chairperson


the Finance Department

2 Senior-most Secretary of Ex-officio Member


Public Works Department

3 Senior-most Secretary of Ex-officio Member


Home and Political
Department

4 Senior-most Secretary of Ex-officio Member


power (Electricity)
Department

5 Commissioner & Secretary, Member secretary


Finance Department

120. What is the a) Company: According to the Indian Companies Act 2013,
difference a company is defined as an association that can be formed
between a by natural persons, legal entities, or a mixture between the
company, a

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Sl. Query Response
firm, a two, and the main purpose of the company is to develop
partnership firm commercial activities.
and an agency? b) Firm: A firm is a commercial enterprise, a company that
buys and sells products and/or services to consumers with
the aim of making a profit. A business entity such as a
corporation, limited liability company, public limited
company, sole proprietorship, or partnership that has
products or services for sale is a firm.
c) Partnership firm: A partnership is a relationship between
individuals who have agreed to share the profits of a
business carried on by all or any one of them acting for all
as stated in the Indian Partnership Act. Therefore, a
partnership consists of three essential elements.
i. A partnership must be a result of an agreement
between two or more individuals.
ii. The agreement must be built to share the profits
obtained from the business.
iii. The business must be run by all or any of them
representing the rest

121. What is the Please refer to the Rule 3(2) and Rule 25(3)(a) of the APPR,
Scope of Work? 2020.

Rule 3(2)- The Scope of Work of subject matter of Procurement


shall include the quality, including the technical, performance
and qualitative characteristics, the specific quantum of work to
be performed, key deliverables and timelines.

Rule 25(3)(a)- Scope of the consultancy assignment include the


desired outputs or outcomes thereof, the approximate time
period that may be required for completion of such consultancy
and an estimate of the likely expenditure involved with
reference to the prevalent market conditions

122. What is the Please refer to the Section 6(5) and Section 7 of the APPA,
Eligibility 2017 Rule 5 and Rule 7 of the APPR, 2020.
Criteria and Eligibility criteria is the set of Eligibility Conditions laid
down for participation in the procurement process, as distinct
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Sl. Query Response
Qualification from and in addition to any technical or financial qualification
Criteria? criteria to ensure compliance with Transparency and Code of
Integrity. Section 6(5)(a)- Eligibility Conditions for
participation in the procurement process, as distinct from and
in addition to any technical or financial qualification criteria,
is to ensure compliance with the Transparency and Code of
Integrity. The Rule 5 of APPR mentions about general
Eligibility Conditions, such as e.g. bidder shall not have been
debarred or have a conflict of interest, etc.

Qualification criteria is specified in the bidding documents


to evaluate whether a bidder possesses the necessary
professional, technical, quality assurance, financial and
managerial resources, certification, experience and
competencies, for executing the works. Section 7- Qualification
criteria include professional, technical, quality assurance,
financial and managerial resources, required competencies,
experience certification, bidder registration documents, etc.
Rule 7 mentions about that the procurement entity shall specify
the qualifications required for bidders to participate in the
process.

123. What is Contract Please refer to the Section 2(v) of the APPA, 2017.
Management? "Procurement Contract" means a contract entered into between
the procuring entity and a successful bidder concerning the
subject matter of procurement.

Contract management is to ensure that all parties meet their


obligations as per the provisions of the procurement contract.
Active contract management ensures that the contractor
performance is satisfactory.

124. What is appeal Please refer to the Section 38 to Section 40 of the APPA,
in procurement? 2017 and Rule 26, Rule 27 and Rule 28 of APPR, 2020.
Who can file an If any bidder or prospective bidder is aggrieved that any
appeal? decision, action or omission of the procuring entity is
contravention to the provision of the Assam Public

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Sl. Query Response
Procurement Act and Rules or any guidelines issued there
under, he may file an appeal to such officer of the procuring
entity as may be designated by it for the purpose within the
specified period, giving the specific ground(s) on which he feels
aggrieved.

After the declaration of a bidder as successful, the appeal may


be filed only by a bidder who has participated in procurement
proceedings. In case a procuring entity evaluated the technical
bid before the opening of the financial bid, an appeal related to
the matter of financial bid may be filed only by a bidder whose
technical bid is found to be acceptable.

125. What is the Please refer to the Rule 23(16) and Rule 25(5) of the APPR,
meaning of 2020,
‘technically Technically qualified bidders are the bidders who meet the
qualified eligibility criteria and are substantially responsive to the
bidders’? technical and commercial qualifying criteria specified in the
bidding documents.

126. Can we extend Please refer to the Section 23(2) and Rule 23(5) of the APPR,
the bid 2020,
submission Yes, the bid submission deadline may be extended by the
deadline if so procurement entity in exceptional circumstances like-
requested by a
i. sufficient number of bids have not been received and the
bidder?
procuring entity is of the opinion that further bids are
likely to be submitted if time is extended; or
ii. the bidding documents are required to be substantially
modified, and the time remaining for preparation of bids
appears to be insufficient

127. Minimum Please refer to the Section 23(1)(ii) of APPA, 2017 and Rule
number of bid 23(5) of the APPR, 2020
evaluation The bid evaluation committee shall have minimum three (3)
committee members.
member?

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128. What is No limits. The decision should be need based.
minimum and
maximum time
limit for
extension of Bid
submission
date?

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